I130 petition presumes immigration intent?

M

mckay

Registered Users (C)
Hi,

I might need to process a new TN to work for a new employer, but I'm not so sure if the I130 petition that my brother has already filed for me will give an excuse to be denied based on immigration intent.

Any thoughts here?

Thanks,

mckay
 
If I were you I'd be getting rid of the I-130, as it has little hope of yielding GC anytime soon (10+ years), and could hamper TN, as I'll explain.

I-130 is an immigrant petition. I-129 asks if an immigrant petition has been filed on your behalf. You would have to answer yes.

Now, I-140, on the employement sponsorship side of things, is also an immig petition. However instructions have been issued such that TNs are NOT to be denied (either at border or by mail) simply on this basis. Filing I-485 is the criteria for immig intent.

Trouble is that no such special instructions have been issued for I-130, so you are really at the mercy of the CIS (for a mail-in) and CBP (for border TNs).

The only argument you can make is that the chances for I-130 success are so remote that this can hardly be construed as concrete intent.
I would be trying to get GC thru employment.
 
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nelsona said:
If I were you I'd be getting rid of the I-130, as it has little hope of yielding GC anytime soon (10+ years), and could hamper TN, as I'll explain.

I-130 is an immigrant petition. I-129 asks if an immigrant petition has been filed on your behalf. You would have to answer yes.

Now, I-140, on the employement sponsorship side of things, is also an immig petition. However instructions have been issued such that TNs are NOT to be denied (either at border or by mail) simply on this basis. Filing I-485 is the criteria for immig intent.

Trouble is that no such special instructions have been issued for I-130, so you are really at the mercy of the CIS (for a mail-in) and CBP (for border TNs).

The only argument you can make is that the chances for I-130 success are so remote that this can hardly be construed as concrete intent.
I would be trying to get GC thru employment.
Click to expand...

Thanks for your input, man.

Now, how could I get rid of the I-130 petition?


mckay
 
have your brother send a letter to cancel it. Was it approved yet, or merely submitted?
 
He submitted the petition on April but he hasn't received any response yet.
 
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See the speed at which that is being processed? Try to get a hold of the petition number.

Did you ask him to bestow this blessing on you, or did he do it unilaterally.
 
Ok, got it.

We didn't think that filing the petition was a bad idea at all. But I started to have some doubts when I received an offer of another employer.

Here's my situation:

My current visa is valid until Jun 2011, so I prefer to keep this visa with my current employer and not process a new one with the new employer. The thing is that the new employer(a consultant firm) is a client of my current employer(an agency) and they are pushing for the change. Like I said, I prefer to keep my current visa until it finishes, and then, I'm planning to change it for a F1 for a Master's degree.

So, basically, what should I say to justify that I don't want to change my visa until I reach the time to make the change to the F1?

Any thoughts here?

Thanks
 
Well, are they your employer or are they not? If your previous sponsor is no longer in the picture, your TN is no longer valid.

Btw, F1 is also subject to denial based on I-130 immig intent.
 
Ok, here's the thing:

My current sponsor is an agency that sells my services as a consultant to a consultant firm, that also sells my services as a consultant to its clients. This consultant firm is the one that wants to hire me directly through a new TN. And between all this mess is the I130 petition.

So, like I said, my current visa, that is sponsored by the agency, is valid until 2011 and I prefer to keep it this way; 'cause I know that if I provide the consultant firm a valid justification for not doing the change now, they will keep me until my visa with the agency expires. And by then, my plan is to pursue a Master, so even if they offer to hire me again, I prefer to go for the degree.

So, I guess all my plans depends on the existence of a I130 petition; and the only way to clean up all this mess, and continue with my plans, is by getting rid of the I130. Would that be the solution?

mckay

PS. Also, all my brother has to do to cancel the petition is writing a letter to the USCIS? Is there any other procedure to do this?
 
To keep your TN as is, you will need to keep your working relationship as is. If that is fine with you, the agency and the client, then what is your issue?
 
well, I said that the client will keep me even if I tell them that I don't want to be hired by them because of the risk of being denied in the process of the new TN.

I'm assuming this because I'm working in a long term project with one of their clients and they might not want to risk their position there. But, still, they might not be too happy when I tell them "no, thanks, I prefer to stay with the agency", because, like I said, they're pushing real hard for the change.

So, I just wanted to be sure about what to tell them and I was planning to use the I130 petition as a justification, by telling something like "you know what, there is a I130 petition in file that might cause to be denied if I process a TN with you guys and I don't want to take that risk, do you agree?"

And, again, by doing this, I will be buying time to wait for when I need to make the change to the F1.

mckay

PS. Sorry for the long posts, nelsona. I'm just a TN newbie and just want to cover all my bases. So, to end this thread, If i get rid of the I-130 before I process the F1, would that be enough to avoid the risk of being denied?
 
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